IN THE CASE OF:	  

		BOARD DATE:	  4 June 2015

		DOCKET NUMBER:  AR20140014104 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his deployment to Iraq and his status as a paratrooper.

2.  The applicant states, in effect, he graduated from airborne training at Fort Benning, Georgia in July 2002 and he served in Iraq from 2003 to 2004 with the 37th Engineer Battalion.  Additionally, he states that he made lots of jumps with the 37th Engineer Battalion; however, his DD Form 214 does not reflect his deployment or his airborne training. 

3.  The applicant provides no additional documents with his application.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2.  On 29 January 2002, the applicant enlisted in the Regular Army for a period of 4 years, training as a food service specialist, airborne training, and a $16,000 enlistment bonus.  He completed basic training at Fort Knox, Kentucky; advanced individual training as a food service specialist at Fort Lee, Virginia; and he was transferred to Fort Benning to undergo airborne training.

3.  The custodian of academic records for Fort Benning, GA confirmed by email that the applicant successfully completed and graduated from Airborne Class 
32-02 conducted from 21 June 2002 to 12 July 2002.  Though orders awarding him the Parachute Badge are missing from his Official Military Personnel File (OMPF), his Enlisted Record Brief (ERB) does show he has the special qualification identifier (SQI) of "P" (parachutist).  

4.  The applicant was assigned to 37th Engineer Battalion on 1 November 2002 through his date of separation from active duty.  His ERB is void of any overseas duty. 

5..  His Master Military Pay Account maintained by the Defense Finance and Accounting Service (DFAS) shows he received hostile fire pay/imminent danger pay and combat zone tax exclusion for service in Kuwait during the period 23 March 2003 through 22 January 2004, a period of 10 months.

6.  On 14 June 2005, he was honorably discharged under the provisions of Army Regulation 635-200, paragraph 5-8 due to parenthood.  He had served 3 years, 4 months, and 16 days of active service and his DD Form 214 issued at the time of his discharge shows he was awarded the National Defense Service Medal, Global War on Terrorism Service Medal, and the Army Service Ribbon.  It shows no foreign service or evidence of his deployment.  His DD Form 214 also does not show his military occupational specialty contains the SQI of “P.”

7.  The Department of the Army, Lineage and Honors for the 37th Engineer Battalion shows it received the Meritorious Unit Commendation (Army) for service in Iraq in the year 2003.

8.  Army Regulation 600-8-22 (Military Awards) states the Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 through 31 December 2011.  A bronze service star is authorized 


for wear with this medal for participation in each credited campaign.  Approved campaigns are:

* Liberation of Iraq (19 March 2003-1 May 2003)
* Transition of Iraq (2 May 2003-28 June 2004)

9.  Army Regulation 600-8-22 states award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or have participated in at least one combat parachute jump

10.  Army Regulation 600-8-22 states the Overseas Service Ribbon is awarded for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.  Soldiers who serve a minimum of 11 cumulative months or 9 continuous months in Iraq in a temporary change of station/tour of duty status within a 24-month period get credit for a complete short tour.

11.  Army Regulation 611-1 (Military Occupational Classification Structure Development and Implementation) prescribes policies and responsibilities for developing, maintaining, evaluating and revising the military occupational classification and structure for Army personnel.  It states the MOS code consists of nine characters with a requirement to record a minimum of five characters.  The fifth character is the letter "O" when identification of an SQI is not required.  The fifth character is used for the SQI.  The SQI is used in combination with the four characters of the MOS to designate significant qualifications such as parachutist training and qualification. 

12.  Department of the Army Pamphlet 611-21 (Personnel Selection and Classification – Military Occupational Classification and Structure) states the special skill identifier "P" identifies positions that require assignment of qualified parachutists who have completed the basic airborne training course.

13.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for preparation of the DD Form 214 and provides all foreign service performed during the period covered by the DD Form 214 will be entered in item 12f and for item 18 for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:

1.  The applicant deployed with his unit, the 37th Engineer Battalion, and served in Iraq for 10 months participating in two named campaigns during the period 23 March 2003 through 22 January 2004.  Therefore, he is entitled to have this foreign service information reflected on his DD Form 214.

2.  The applicant served during qualifying periods for awards of the Iraq Campaign Medal with two bronze service stars and the Overseas Service Ribbon.  Therefore, he is entitled to have these awards added to his DD Form 214.

3.  Confirmation from the Academic Records Custodian at Fort Benning, GA confirmed the applicant successfully completed and was awarded the Parachutist Badge in 2002.  With award of this badge, he also received the SQI "P."  Therefore, it would be appropriate to add the Parachutist Badge to his DD Form 214 and to correct his MOS to show 92G1P.

BOARD VOTE:

____X____  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 as shown below: 

* Deleting the entry "92G1O" from item 11
* Adding the entry "92G1P" to item 11
* Deleting the entry “0000  00  00” from item 12f 
* Adding the entry “0000  10  00” to item 12f 


* Adding the Iraq Campaign Medal with two bronze service stars, Overseas Service Ribbon and Parachutist Badge to item 13 
* Adding the entry “Service in Iraq 20030323 – 20040122” to item 18 



      _______ _   _X______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20140014104



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ABCMR Record of Proceedings (cont)                                         AR20140014104



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